Title 10Armed ForcesRelease 119-73

§497a Notification required for reduction or consolidation of dual-capable aircraft based in Europe

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART I— - ORGANIZATION AND GENERAL MILITARY POWERS › Chapter CHAPTER 24— - NUCLEAR POSTURE › § 497a

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense must tell the congressional defense committees at least 90 days before cutting back or combining U.S. dual-capable aircraft based in Europe. The notice must explain why the change is planned, how it would affect U.S. extended deterrence (the U.S. promise to deter attacks on allies), how NATO’s military needs will still be met, how NATO has reacted, and whether the change alters Russia’s force posture, including any Russian nonstrategic nuclear weapons that can reach NATO countries. Dual-capable aircraft are planes that can carry both regular (conventional) weapons and nuclear weapons.

Full Legal Text

Title 10, §497a

Armed Forces — Source: USLM XML via OLRC

(a)Not less than 90 days before the date on which the Secretary of Defense reduces or consolidates the dual-capable aircraft of the United States that are based in Europe, the Secretary shall submit to the congressional defense committees a notification of such planned reduction or consolidation, including the following:
(1)The reasons for such planned reduction or consolidation.
(2)Any effects of such planned reduction or consolidation on the extended deterrence mission of the United States.
(3)The manner in which the military requirements of the North Atlantic Treaty Organization (NATO) will continue to be met in light of such planned reduction or consolidation.
(4)A statement by the Secretary on the response of NATO to such planned reduction or consolidation.
(5)Whether there is any change in the force posture of the Russian Federation as a result of such planned reduction or consolidation, including with respect to the nonstrategic nuclear weapons of Russia that are within range of the member states of NATO.
(b)In this section, the term “dual-capable aircraft” means aircraft that can perform both conventional and nuclear missions.

Reference

Citations & Metadata

Citation

10 U.S.C. § 497a

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73